Legal Concerns Over Phone Tapping in Mauritius

In light of recent allegations surrounding unauthorized phone tapping and the subsequent release of audio recordings on social media platforms like Facebook, legal expert Me Taij Dabycharun has raised serious concerns about the implications of these actions on individual liberties and privacy rights in Mauritius.

Me Taij Dabycharun emphasized that Article 12 of the Constitution, which protects freedom of expression, has been violated. According to him, only a judge — upon request from the police — has the authority to authorize wiretapping.

This authorization, known as a “Judge’s Order,” is only granted after a thorough examination of a substantively justified request from law enforcement.

Any interception of communications conducted without such judicial order is deemed illegal.

Responding to the allegations of unauthorized phone tapping, Dabycharun stated, “The interception of private conversations without a judicial order is a significant infringement on individual privacy rights.

An in-depth investigation is urgently needed to ascertain the authenticity of these audio recordings, identify those responsible for the leaks, and uncover the circumstances surrounding this breach of privacy.”

When asked if phone conversations pass through secure channels, Dabycharun affirmed that they should, as telecommunications operators are responsible for the security of communication lines.

However, he qualified his statement, pointing out that these operators have access to sensitive data and, therefore, bear the responsibility for its protection.

Dabycharun characterized the current situation as “very serious” and deeply alarming, especially given that the leaked conversations involve prominent figures from various sectors.

He added that these incidents not only represent a gross violation of privacy rights but also raise fundamental questions about the protection of individual freedoms in Mauritius.

The legal expert warned of the international ramifications of the situation, claiming that “the reputation of our country has been significantly tarnished, leading to a negative perception abroad.”

He reflected on a similar issue raised in Parliament back in 2016, suggesting a pattern of illegal surveillance activities that threaten personal liberties and undermine the rule of law in Mauritius.

Legal Framework Governing Phone Tapping

Dabycharun’s analysis pointed to several key provisions under the Information and Communication Technologies (ICT) Act of 2001 that regulate phone tapping.

1. Section 32(6)(a) states that only the police can request a Judge’s Order to authorize a telecommunications operator or its agents to intercept or prevent communication and disclose information derived from the use of telecommunications networks.
2. Section 32(6)(b) clarifies that a judge will not automatically issue such an order based solely on a police request. The application must convincingly link the requested information to a criminal matter.
3. According to Section 32(5), a telecommunications operator is also permitted to intercept messages deemed indecent or abusive or potentially harmful to national security, provided that they report these findings to the relevant authorities.
4. Under Section 46(ga), transmitting, sending, or broadcasting obscene, defamatory, or misleading messages via telecommunications equipment is classified as a criminal offense.
5. Additionally, Section 46(ha) penalizes any individual who uses telecommunications to impersonate another person, leading to harm.
6. Finally, Section 47 states that any individual committing an offense under this legislation may face fines of up to Rs 1,000,000 and a prison sentence of up to ten years.

As the situation unfolds, the public and authorities alike are left grappling with the potential breach of personal liberties and the broader implications for the legal system in Mauritius. An investigation into the leaks and the enforcement of existing laws is imperative to uphold the rule of law and protect the fundamental rights of citizens.

Source: Defi Media